The pitfalls of a home – made will

Do-it-yourself wills are likely to be a false economy – usually far more is paid in costs to the legal profession to address problems with home-made wills, than would have been charged for professionally drafted documents. Read more

Share & unitholder agreements – why?

Clients invariably ask two very fair questions when we suggest a share or unitholder agreement: What does it do? Why not just vary the constitution or trust deed? Read more

Passing control of the family farm – (2)

Increasingly, farming families are becoming involved in litigation after the death of a loved one. Careful succession planning can minimise conflict and ensure a smooth transition of farming assets to the next generation. Read more

Passing control of the family farm (1)

Succession planning needs careful thought by farming families.  An orderly transition brings many benefits but the process has risks and needs specialised professional advice. Read more

Loss of capacity – key stakeholder

Any well-run business will almost certainly have done a “SWOT” analysis, identifying potential future problems and planning in advance how to deal with them. Read more

“Living Wills” – Lessons from the Schiavo case

Any individual can sign an “Advance Care Directive” or “Living Will” to record their personal wishes for medical treatment at the end of life. Although not a binding legal document, it may give guidance and comfort to others. Read more

Life and death planning for the disabled

Parents of disabled children worry themselves needlessly about what will happen to their child when they die. There are legal strategies that can protect a disabled person, and ensure their financial future and other needs. Read more

Lease guarantees – the cost of uncertainty

Personal guarantees from directors are almost universal when land is leased to a private company. However, a NSW Supreme Court decision shows the danger to both parties when they are not written carefully. Read more

Lack of capacity and undue influence – the “Sleeping Giants”?

Medical advances and healthier lifestyles mean “baby boomers” will live longer than previous generations. Inevitably, this will mean many more of your senior clients may suffer from impaired mental faculties as a consequence of the ageing process.  That lack of full mental acuity creates a “time bomb” for professionals who should be alert to the problem, and the potential for litigation by family members. Read more

High Court looks at a family trust deed

The High Court has given a useful judgement on the interpretation of discretionary trust deeds. Read more